What can happen when I go to court for home invasion? 13 Answers as of January 13, 2012

I was arrested for a home invasion and it was my 1st offense. I stayed in the car. I had no idea that it happened.

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Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
The first and most crucial thing that can happen should happen: Either bring an experienced criminal defense attorney with you, or if you can not afford an attorney ask the court to appoint the Public Defender. Work with your attorney and get this taken care of.
Answer Applies to: California
Replied: 1/13/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Depending on exactly what you are charged with and the specific facts of the case, "home invasion" can describe very serious charges punishable by a prison term. You need to get a good criminal law specialist to represent you immediately if you can afford to hire one. Otherwise you will need to apply for a court appointed lawyer.
Answer Applies to: California
Replied: 1/13/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Get a good lawyer because these are VERY SERIOUS charges. Perhaps your "buddy" will plead guilty and tell them you had nothing to do with it and were unaware it was happening.
Answer Applies to: California
Replied: 1/13/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Bad things will happen if you go to court without a lawyer. Also, if you think you can save money by asking for a public defender, you are making a big mistake. You might as well be representing yourself in proper. In all probability, the judge will set and/or increase your current bail to at least $ 100,000.00 or more. Home invasions are classified as three strikes and the State Prison penalties are severe. You must fight this charge with every resource you can muster; otherwise, get ready for a long time in State Prison.
Answer Applies to: California
Replied: 1/12/2012
Law Office of Martina Vigil
Law Office of Martina Vigil | Martina A. Vigil
You can be charged and convicted as an accomplice which holds the same consequences as if you were the principal in the commission of the crime. It is especially important for you to hire an attorney because of the fact that you are being criminally charged for a home invasion. Residential burglary is an automatic strike on your record regardless of whether someone was home or not. Three strikes on your record automatically holds a 25 years to life sentence.
Answer Applies to: California
Replied: 1/12/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
They have to prove that you took part in some way - either by proving (if they can) that you knew what was going to happen, so you drove them there and waited as a lookout or in some other way actively facilitated or encouraged the crime. If they can prove that, you can be charged the same as the others that went in the house. If they cannot prove you knew what was going to happen ahead of time, but instead can prove that you knew a felony was committed, then you drove them away, you could be charged as an accessory. That's its own separate crime, but much less than being charged with a home invasion robbery. No matter which way you're charged (or even if you're just under investigation), take this seriously. Start looking for a good local criminal defense attorney NOW so you're not caught off guard, should you be arrested or charges filed. Better to be prepared for the worst. Keep your mouth shut about this until you talk with your lawyer. No texts, calls, emails, facebook posts, etc. The ONLY person you should discuss this with is your attorney in a confidential setting.
Answer Applies to: California
Replied: 1/12/2012
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
You need a good lawyer asap. Home invasion is six to thirty years in prison. You do not have to be present to be accountable.
Answer Applies to: Illinois
Replied: 1/12/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Home invasion is a felony. If convicted you could go to state prison and you would have a strike on your record. If you were in the car and knew about the home invasion you are as guilty as the ones that went in the home. Your first appearance in court will be your arrangement. At your arrangement you will be told your rights, told the charges against you. Asked if you need an attorney appointed for you and asked if you plead guilty or not guilty. If you plead not guilty your next appearance will be a pre-trial. At the pre-trial you will have an offer from the District Attorney. If you accept the offer you will be sentenced. If not then you will have a preliminary hearing. At the preliminary hearing the District attorney will present evidence to show that a crime was commented and that you were involved. If the judge rules for the District Attorney you will be on your way to trial. If the facts are correct as you gave them; the prosecution will have to prove that you knew that the home invasion was going on when you drooped your friends off and waited for them in the car. With these facts you need to present evidence that you did not know what was happening. You need to get an attorney as soon as you can. Additionally do not talk to anyone except your attorney about this incident.
Answer Applies to: California
Replied: 1/12/2012
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
You need an attorney. You are going to be charged just like the other defendants. If you cannot afford an a attorney a public defender will be appointed.
Answer Applies to: California
Replied: 1/12/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If you are out of custody, which I presume as you are at least theoretically writing this post, you sually stay out. This is a violent felony. It potentially carries a long period of incarceration. Bail will be a question at arraignment. You may or may not be remanded. [do not let that fact disuade you from going, that just makes life more difficult later. At your first appearance, you will be told what the charges are, in general terms what the potential penalty is, asked what you want to plea and if you want a lawyer. Your plea at this stage is not guilty and you want a lawyer. The next question will deal with time waivers and the setting of future court dates.
Answer Applies to: California
Replied: 1/12/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    A lot, your arraignment is coming up and that is when you plead jot guilty or guilty, then your bail nay be increased and they may take you back into custody. You need an attorney asap.
    Answer Applies to: California
    Replied: 1/12/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    You need to speak to a criminal lawyer right away. The prosecution will probably prosecute you under a theory of accomplice liability. The fact that you did not go in is not very helpful. This is a serious case, get help now.
    Answer Applies to: California
    Replied: 1/12/2012
    Hammerschmidt Broughton Law | Mark A. Broughton
    A home invasion robbery is a very serious offense. And yes, as the driver of a car used in the offense you can be responsible for the crime - unless you are able to prove that you did not know and did not participate in the crime itself. Very hard to do, so you are going to need a good trial lawyer.
    Answer Applies to: California
    Replied: 1/12/2012
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